- These terms
1.1 What these terms cover. These are the general terms and conditions on which we supply our products [Product] to you.
- Information about us and how to contact us
2.1 Who we are? We are [company name] , [a company registered in England and Wales]. Our company registration number is [number] and our registered office is at [address]. Our registered VAT number is [vat number]
2.2 What we do. [description of service] (our “Services“).
2.3 How to contact us. You can contact us by writing to us at [email] or by post to [address]
2.4 How we may contact you. If we have to contact you we will do so by [method]
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 Your account. You will be required to create an account on the Site before subscribing to our Services and you will need to create your username and password for your account to access the Site. You are responsible for all actions taken under your chosen username and password. By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident and/or require delivery to the Area;
(d) at all the details you provide are true, accurate, current and complete in all respects;
(e) to notify us immediately of any changes to your account information;
(f) to only create one (1) account and to only use the Site using your own username and password;
(g) not to disclose your password to anyone and to make every effort to keep your password safe;
(h) to change your password immediately upon discovering that your account has been compromised;
(i) to notify us if you suspect someone has accessed your account without permission; and
(j) any and all of the Meals ordered by you is for your personal use only and not for resale.
3.2 How we will accept your order. After subscribing to our Services on the Site, you will receive an email acknowledging that we have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirmation. Our acceptance of your order will take place when have debited your payment and confirmed receipt of your order by email, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Meals. This might be because some of the Meals are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Meals or because we are unable to meet a delivery deadline you have specified or because we cannot meet your requested dietary requirements.
3.7 Your subscription plans. The subscription plan for our Services consist of an initial charge followed by recurring period charges as agreed to by you. By placing an order, you acknowledge that your subscription has an initial and recurring payment feature for an indefinite or defined time until cancellation by you or us and you accept responsibility for all recurring charges until the agreed upon package length is paid for in full. This includes any time period in which deliveries have been paused.
3.4 Your order numbers. We will assign an order number to your order and tell you what it is when we accept your order.
3.5 We only sell to the UK. Our Services are only intended for people residing in the UK (“Area“). Unfortunately, we do not accept orders individuals outside the Area.
- Our Meals
4.1 Meals may vary slightly from their pictures. The images of the Meals on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Meals. Your Meals may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Meals are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Site have tolerance.
4.2 Product packaging may vary. The packaging of the Meals may vary from that shown in images on our Site.
- Your rights to make changes
If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Meals, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change which may incur an additional cost.
- Our rights to make changes
6.1 Changes to the Meals and/or Services. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
- Providing the Meals
7.1 Delivery partner. We will use a third party courier company to deliver the Meals (“Courier“). Where these Terms refer to us arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by our Courier. Our Courier will take reasonable steps to deliver the Meals to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order on our Site.
- Your rights to end the contract
8.1 Cancelling your subscription.
(a) If you wish to cancel your subscription to our Services, you need to email us at [email] or you can use our website to cancel by logging into the website and selecting cancel.
8.2 Cancellation prior to first delivery. If you notify us that you wish to cancel at least 7 calendar days before your first delivery, we will cancel your order and refund a maximum of the full amount paid by you. Any refunds will be made within thirty (30) days from the date on which your cash out request is submitted. You can re-subscribe at any time, but we reserve the right not to permit re-subscription to our Services.
8.3 Exclusions from your right to cancel. In some instances, the law does not allow you to cancel an order in certain circumstances and one of these is where a company is supplying goods which are likely to deteriorate or expire rapidly, including food & drinks with short expiry limits. Once we have started to prepare your order, unfortunately we cannot accept the cancellation of that order, which means that in most instances we are unable to accept cancellations of defined length subscriptions.
- How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us [email address]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. By writing to us at [address] including details of what you bought, when you ordered or received it and your name and address.
9.2 You do not have the right to change your mind once the Meals have been delivered (Consumer Contracts Regulations 2013). Pursuant to regulation 28 of the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, our Services containing freshly prepared meals and ingredients are exempt from the right to cancel.
9.3 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price including delivery costs and any other expenses reasonably incurred in setting up the Services for you up to the date of cancellation.
- Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a Meals at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 working days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the Meals to you due to unavailability of access or incorrect information provided; or
(c) for any reason at our sole discretion.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Meals we have not provided but we may deduct or charge you any reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Meals. We may write to you to let you know that we are going to stop providing the Meals. We will let you know at least one week in advance of our stopping the supply of the Meals and will refund any sums you have paid in advance for Meals which will not be provided.
- If there is a problem with the Meals
11.1 How to tell us about problems. If you have any comments, questions or complaints about any of the Meals purchased from us, please contact us. You can write to us at [email]
- Price and payment
12.1 Where to find the price for the Meals. The price of the Meals (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Meals advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the Meals you order.
12.2 Price increases. We reserve the right to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as, and without limitation, the cost of transporting the Meals to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture.
[12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Meals, we will adjust the rate of VAT that you pay, unless you have already paid for the Meals in full before the change in the rate of VAT takes effect.]
12.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Meals we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Meals at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Meals at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
12.5 When you must pay and how you must pay. We accept payment by debit card, credit card. In relation to the payment for the Services, the payments to be made shall be as follows:
[(a) You must make an initial advance payment at the time of placing your order covering 1 week’s price of the Services before we start providing them;
(b) For orders for a period of 1 week only, you must make an advance payment of 100% of the price of the Services before we start providing them;
(c) For orders for a period of 2 or more weeks, you must make an initial advance payment at the time of placing your order covering 1 week’s price of the Services before we start providing them, subsequently followed by weekly instalments for the balance of the order;]
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 7.99% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think the price of an order is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Meals as summarised at clause 11.2, any breach of section 12 of the Sale of Goods Act 1979 and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for any losses that are not foreseeable. We only supply the Meals for domestic and private use. If you use the Meals for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We are not liable for the Meals once delivered. Neither our Courier nor we shall be deemed responsible for any theft of the Meals from the delivery address. If you suspect that your delivery has been stolen from the delivery address please contact us immediately so we can discuss alternative delivery arrangements. Until such alternative arrangements are made, we reserve the right to suspend your order until suitable new arrangements have been made. In addition, we expressly disclaim all liability which may arise by virtue of the Meals being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
13.5 Food Allergy Information. We attempt to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that we have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. If you are concerned with food allergies, you need to be aware of this risk. Please be aware that our facility prepares foods and uses ingredients in the Meals that contain nuts or nut oil.
13.6 No representations or warranties in relation to the use of the Site. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. We cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
13.7 Your indemnity to us. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the Site.
13.8 Your statutory rights. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
- How we may use your personal information
- Other important terms
15.1 Events outside of our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event“). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lockouts or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and/or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
If our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use commercially reasonable endeavours to bring the Force Majeure Event to a close or to find a solution so we can perform our obligations under the Contract despite the Force Majeure Event.
15.2 Ownership of Intellectual Property Rights. Munch Fit Limited is the owner or the licensee of all intellectual property rights in the Site (including the Munch Fit logo), whether registered or unregistered, and in the material published on it. Any Meals sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
15.3 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.4 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.5 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Meals, we can still require you to make the payment at a later date.
15.8 No joint and several liability. Notwithstanding the ongoing relationship between us and our Courier, the two companies do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.
15.9 Entire agreement. These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters. You acknowledge and agree that in entering into this Contract, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
15.10 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Meals in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.